Alimony, also known as spousal support, is often awarded in a divorce action for a number of reasons. These reasons can be to provide the former spouse financial support following the divorce, whether in maintaining a similar lifestyle as during the marriage, or in a rehabilitative structure to help the former spouse get on his/her feet following the divorce.

However, often times after an award of alimony, circumstances dictate that alimony could or should be modified. There are three (3) main reasons that modification of alimony actions are filed: (1) a change in the financial circumstances or income of either former spouse; (2) the remarriage of the recipient, or (3) the recipient engaging in a “meretricious relationship.”

In order to modify an award of alimony based upon the change in financial circumstances of either former spouse, it must be “satisfactorily proven” to warrant a modification and revision of the alimony award. In other words, there must be a finding that the financial circumstances have changed. Usually this means a decrease in income to the payor (the person paying alimony) or an increase in income to the payee (the person receiving alimony) such that alimony is no longer needed. Remember, alimony is the need of the payee versus the ability to pay by the payor. Therefore the judge will weigh these factors in light of the changes in financial circumstances.

The subject of the meretricious relationship is a frequent basis for a modification of alimony. Georgia law states that the voluntary and continuous cohabitation – living together – of a former spouse with a third party, regardless of sex, in a meretricious relationship is grounds to modify alimony. Proving a meretricious relationship can become difficult and hiring counsel to aid in this may be necessary.

If you have questions regarding a potential modification of alimony, please give us a call at 770-939-1939.